The following excerpt is from Wesley-Dickson v. Warwick Valley Cent. Sch. Dist., No. 13-4164-cv (2nd Cir. 2014):
Assuming that a reasonable juror could identify racial bias in the cited remarks, we nevertheless conclude that they do not raise a triable issue of employment discrimination. Reinhard did not review plaintiff's work, write any performance reviews, or otherwise influence school superintendents' decisions to extend plaintiff's probationary term or to deny her tenure. See Tomassi v. Insignia Fin. Grp., 478 F.3d 111, 115 (2d Cir. 2007) (holding that remarks by someone other than decision-maker "may have little tendency to
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